Supreme Court of India
Commissioner Of Income Tax, Madras ... vs Thanthi Trust, Madras on 20 April, 1995
Equivalent citations: [1996]217ITR198(SC), (1997)10SCC257, AIRONLINE 1995 SC 66, 2006 (9) SCC 440, 1997 (10) SCC 257, (1996) 217 ITR 198, (1995) 128 CUR TAX REP 145, (2007) 112 FACLR 1077, (2007) 1 CURLR 1078, (2007) 1 LAB LN 682, (2007) 3 SCT 179, (2007) 5 SERVLR 263
Bench: A.M. Ahmadi, S.P. Bharucha, K.S. Paripoornan
ORDER
1. This is a direct reference under Section 257 of the Income-tax Act, 1961. The two questions which are referred for our decision read as under
(1) Whether, on the facts and in the circumstances 'of the case, the Appellate Tribunal is justified in law in holding that the reassessment under Section 147(a) of the Income-tax Act, 1961, cannot include items' already barred under Section 147(b) of the Income-tax Act, 1961 and accordingly in deleting the six additions made in the reassessment for the assessment year 1959-60 ?
(2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in drawing a distinction between items falling under Sections 147(a) and 147(b) and in deleting the items of additions that could be brought under Section 147(b) of the Income-tax act, 1961 ?
2. Having heard counsel and having noticed the facts, counsel for the Revenue fairly concedes that on the facts as established, both the questions must be answered in favour of the assessee and against the Revenue quite apart from the fact that they are so answered in the decision of this Court in 1TO v. Mewalal Dwarka Prasad . In view of the above we answer both the questions in the affirmative, i.e. , against the Revenue and dispose of the reference accordingly with no order as to costs.